Between the Lines Blog
Attorney Caroline Kelley is Stand Out Young Legal Leader
Attorney Caroline Kelley is committed to advancing the legal profession and giving back to the community. As a young legal leader, Caroline just completed her year as chair of the Arkansas Bar Association’s Young Lawyers Section. As chair, she developed a community of young lawyers who became…
Transferability of Energy Credits under the Inflation Reduction Act: What do you need to know?
Now that final regulations on the transferability of energy tax credits under the Inflation Reduction Act have been issued by the U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS), many investors and developers are structuring and negotiating transactions to transfer…
What Can You Get When You Sue for Trade Secret Violations?
June 4, 2024
by Devin R. Bates
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq. The AUTSA provides that a party seeking to enforce trade secret claims can seek the…
Treasury, Internal Revenue Service Issue Final Regulations for Transfer of Energy Credits
On April 25, 2024, the U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations regarding the transfer of energy tax credits under the Inflation Reduction Act of 2022 (IRA). Proposed regulations regarding transferability of energy tax credits were…
Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?
May 28, 2024
by Devin R. Bates
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case. As we have discussed in prior blog posts on the subject, trade secret claims are often brought alongside a variety of employment and…
Arkansas Environmental, Energy, and Water Law Blog
Regulatory Early Notice and Engagement Act 2024: U.S. House of Representatives Legislation Introduced Addressing the Federal Regulatory Process
Three Congressmen in the United States House of Representatives have introduced H.R. 8204 which is denominated the: Regulatory Early Notice and Engagement Act. (“Legislation”). The original three sponsors are the following Representatives: Guy Reschenthaler (Pennsylvania) Don Davis (North…
Air Enforcement: Tennessee Air Pollution Control Board Proposed Secretary's Order Addressing Sherwood Rock Crushing Facility
The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit. See Case No. APC24-0080. Sherwood operates a rock crushing and sizing…
Hazardous Waste Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Magnolia Fuel Cell/Coated Fabric Product Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and LB Amfuel Real Estate, LLC (“Amfuel”) entered into a June 17th Consent Administrative Order (“CAO”) addressing alleged violations of the Arkansas Hazardous Waste Regulations. See LIS No. 24-103. The CAO…
Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of De Queen Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of De Queen, Arkansas entered into a June 17th Consent Administrative Order addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) Permit. See…
Dam Collapse/Flooding: Federal Appellate Court Addresses Whether Michigan Counties' Efforts to Preserve Lake Depth Constitute a Taking
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See Bruneau v. Midland County, et al., No. 23-1761. The question considered was whether two Michigan Counties’ efforts to keep…